we're going to designate him as an enemy combatant and hopefully we can get the information we want at that time. >> steve: so it sounds like you issue if he's got great information, you would be amenable to making a deal with him, saying rather than charge you capital murder and trying to kill people with a weapons of mass destruction, let's make a deal? >> i wouldn't take it off the table, is what i'm saying. that is certainly a possibility. if, in fact, there is no other way to get the information that may be helpful in preventing another attack, no other way of getting information that may bring closure to the family and the victims, that's something that certainly is on the table. >> steve: okay. but for instance, if he doesn't cooperate, we don't know what he's doing. we know he's writing on a note pad 'cause he can't talk. but if he doesn't give them anything that they really want, death penalty? >> well, it appears, based on what we know, that this would qualify for death penalty charge. but again, it's going to depend on what evidence can be introduced by the prosecution.